# Andrew J. McPartland, Inc. v. Montgomery Ward & Co.

> Court of Customs and Patent Appeals · November 29, 1947 · 164 F.2d 603

URL: https://www.frixlaw.com/law-library/cases/9637731

## Case

- **Full name:** ANDREW J. McPARTLAND, Inc., v. MONTGOMERY WARD & CO., Inc.
- **Court:** Court of Customs and Patent Appeals
- **Decided:** November 29, 1947
- **Citations:** 164 F.2d 603; 35 C.C.P.A. 802
- **Precedential status:** Published
- **Opinion:** Concurrence by Bland
- **Judges:** Garrett, Bland, Hatfield, Jackson, O'Connell
- **Cited by:** 16 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9637731

## Opinion text

BLAND, Associate Judge
(specially concurring).
I agree with the holding of the court that “Kwixtart” is descriptive within the prohibition of either the 1905 act or the 1946 act.
I also agree that Congress, by the omission of the words, “or of the character or quality of such goods,” did not intend to change the meaning which had heretofore been given to the language of the 1905 act with reference to descriptiveness.
*609 Therefore I agree that the mark should be canceled. This holding would have decided all the issues necessary to decide, and, in my judgment, the question as to the applicability of the 1946 act is obiter. I think the court, in view of the probability of similar questions being raised frequently in the future, should be unwilling to pass upon this question until it is absolutely necessary.
Therefore I do not wish to express or intimate any view as to whether or not the new act applies in respects with which we are here concerned or in other respects.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9637731. Public record. Not legal advice.